SCHOOL OF LAW

PARKLANDS LAW CAMPUS

DIPLOMA IN LAW: MAY-AUG 2024

COURSE TITLE: INTRODUCTION TO LAW AND DEVELOPMENT

COURSE CODE: DLW 2209
INSTRUCTOR: MARY AKUMU ONDITI
EMAIL: akumumary321@gmail.com

COURSE OUTLINE

A. COURSE DESCRIPTION
To expose the learner to the relationship between law and development processes.

B. COURSE CONTENT

Course content will include examining the Concept of development, Law and Social
Change; Impact of Law on National and International Economy, Law as the Foundation
of development institutions; Mechanisms through which Socio-economic and Political
Institutions are created by (and create) the Law. Law as an economic regulator; the
Developmental State; the Right to Development, Law and Policy, Socio-economic
Policy Formulation and Implementation; social justice, Rule of Law; Legal reform in
Africa; Constitutional Foundation of Development; Governance in Kenya; legal response
to development challenges ; Judiciary as a player in Development, case studies

COURSE OBJECTIVES

By the end of the course unit, the learner should be able to:

1. Explain the main concepts in Law and Development;

2. Discuss the Legal and institutional framework of Law and development;
3. Explain the Relationship between Law and Development;
4. Explain the concept of the rule of Law and its relationship to development;

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DLW 2209 - Introduction to Law And Development
 5. Explain the emerging role of the judiciary and the civil society in the
development process.
6. To apply the legal and institutional framework of law to sustainable
development

C. COURSE ADMINISTRATION

i. Teaching/Learning Methodologies
Lectures; seminar discussions; tutorials; case studies; individual and group presentations;
problem-based learning; mooting; field visits/industrial attachments.

ii. Instructional Materials and Equipment

Texts, Lexis Nexis; (e)-Journals; Law Africa; crime reports; hand-outs; articles; audio
visual equipment: LCD screen, projectors and laptop for power point presentations;
whiteboard and markers; microphones and speakers.

D. CLASS ATTENDANCE

Class attendance is very important in understanding and completing the course successfully. The
class will be on dates and at the time and place indicated in the faculty timetable and rolls will be
completed throughout the course as a record of attendance. Attendance registration is important
and the University’s rules in regard to class attendance and registration shall apply.

E. EVALUATION AND ASSEMENT

i. Continuous Assessment Test …………………………………………….. 30%

a. One sitting- in written test via VLE
b. Group/ individual paper presentation and /or assignment via VLE

ii. Final exam …………………………………………………………………..

70%

F. COURSE CONTENT

WEEK 1
1. Introduction
1.1 The Concept of development
1.2 What is Development?
1.3 What are the indicators of Development?
 Gross Domestic Product (GDP)

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DLW 2209 - Introduction to Law And Development
  Gross National Product (GNP) /Gross National Income (GNI)
 GNP per capita
 Lack of poverty: Multi dimensional Poverty Index
 The Human Development Index (HDI
 Quality of Life: National Happiness Index
 Sustainable development

WEEK 2
2. Law and Development
2.1 What is the relationship between Law and Development?
 Is role of law in society necessary?
 The relationship between legal reform and development
2.2 Law and Social Change (the Egg and the chicken analogy)

WEEK 3
3. National and International Impact of Law on Development
3.1 Law as the Foundation of development institutions
3.1.1 overview
3.1.2 Theoretical Perspectives
 Modernization
 Dependency Theory
 Economic Theories of Development
 Welfarist Perspectives on Development
 Feminism
 Sustainable Development
3.2 Economic Development

WEEK 4
Continuation……………… National and International Impact of Law on Development
3.3 Social& Cultural Advancement
3.4 Politics & Democracy
3.5 Mechanisms through which Socio-economic and Political Institutions are
created by (and create) the Law.

WEEK 5
CAT 1

WEEK 6
4. Law as an economic regulator
4.1 Developmental State

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DLW 2209 - Introduction to Law And Development
 4.2 Right to Development
4.3 Law and Policy

WEEK 7
5. Socio-economic Policy Formulation and Implementation
5.1 What is Socio-Economics?
5.2 Social Justice
5.3 Rule of Law and Socio Economic Growth
5.4 Legal reform in Africa

WEEK 8
6. Constitutional Foundation of Development;
6.1 The Constitution as a precursor to growth
6.2 How does the constitution of Kenya underpin development?

WEEK 9
CAT 2

WEEK 10
7. Legal response to development challenges
7.1 Judiciary as a player in Development
7.2 Case studies

WEEK 11
Revision

WEEK 12 and WEEK 13

Final Exams

G. RECOMMENDED READING AND REFERENCING MATERIAL

The following materials contained herein are not exhaustive. Students are advised that further
readings will be provided during classes.

N/B: You can use the campus e-library link http://www.eresources.mku.ac.ke available on the
library page in the MKU website. To access Kenyan case laws can be obtained from the Kenya
Law website (www.kenyalaw.org). For England and American case law, students are advised to
look up the databases hosted at http://www.bailii.org/ and http://wwwlaw.cornell.edu/
respectively.

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DLW 2209 - Introduction to Law And Development
CORE TEXTS

1. Conaghan J, ‘Law and Gender’ (Oxford University Press, 2013)

2. Paul J and Danielle B, ‘Conflict, Security and Development: an Introduction’ (Atlantic

Publishers, 2015)

Further Reading Material

1. Chuah J, ‘Law of International Trade: Cross-Border Transactions’ (Sweet and Maxwell,

2013)

2. Denyer-Green B, ‘Development and Planning Law’ (New York, 2013)

3. Colin L, ‘Underdevelopment in Kenya’ (East African Publishers, 1975)

STATUTES
1. The Constitution of Kenya 2010
2. County Government Act 2012
3. Intergovernmental Relations Act
4. Public Finance Act
5. Economic Crimes Act
6. Ethics and Anti - Corruption Commission Act

LIST OF CASES

To be provided in class where applicable.

CONSULTING HOURS
Students may consult me during the days and time specified below for clarification,
group tutorials or any issues related to the subject.

Wednesday: 2:00 Pm- 5.00pm

FEEDBACK
If you have feedback for me – suggestions, ideas, commendations or criticisms – please
do not hesitate to tell me in person or by e-mail.

I hope you enjoy the course!

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DLW 2209 - Introduction to Law And Development
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Course Outline
DLW 2209 - Introduction to Law And Development